HL Deb 10 July 1984 vol 454 cc825-6

10 Clause 30, page 29, line 2, leave out from ("or") to end of line 3 and insert ("section 41 of the County Courts Act 1984 (transfer to High Court by order of High Court).").

11 Clause 35, page 30, line 20, leave out ("or") to end of line 22, and insert ("section 41 of the County Courts Act 1984 (transfer to High Court by order of High Court).").

12 Clause 37, page 31, line 19, leave out ("1959") and insert ("1984").

13 Page 32, line 6, leave out ("1959") and insert ("1984").

17 Page 36, leave out from beginning of line 38 to end of line 10 on page 37.

18 Page 39, line 16, leave out ("section 102 of the County Courts Act 1959") and insert ("section 75 of the County Courts Act 1984").

19 Page 39, line 29, leave out ("section 102 of the County Courts Act 1959") and insert ("section 75 of the County Courts Act 1984").

20 Page 41, line 24, at end insert—

("County Courts Act 1984 (c.00)

31. In section 40 of the County Courts Act 1984, the following shall he substituted for subsection (3)— (3) This section does not apply to proceedings which are family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

32. In section 41 of that Act there shall be added at the end of subsection (2) the words "hut shall be exercised in relation to family proceedings (within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984) in accordance with any directions given under section 34 of that Act (directions as to distribution and transfer of family business and proceedings)."

33. In section 42(3) of that Act for the words after "other than" there shall he substituted the words "proceedings which are family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.".").

21 Schedule 3, page 43, leave out lines 4 and 5.

25 Page 43, line 23, at end insert—

("1984 c.00. County Courts Act1984. In section 147(1), the definition of "matrimonial cause".").

The Lord Chancellor

My Lords, I will, if I may, deal with Amendments Nos. 10, 11, 12, 13, 17, 18, 20, 21 and 25 together. They are all amendments to the schedule and are all directed to the same purpose. As originally drafted, the Bill referred in a number of ways to the County Courts Act 1959 but this Act has now been replaced by the Act of 1984, which is a consolidation measure. The amendments before your Lordships are therefore purely drafting amendments designed to carry into the 1984 Act changes which this Bill proposes in the 1959 Act and to translate existing references in this Bill to the 1959 Act into the relevant references to the 1984 Act. Perhaps I could take all these amendments en bloc. I beg to move that the House doth agree with the Commons in the said amendments.

Moved, That the House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)

Lord Mishcon

My Lords, the noble and learned Lord will remember that there was some anxiety when the County Courts Act was consolidated that the consolidation took place just at the time when we were discussing the provisions of this Bill, which gave some extended jurisdiction to the county courts in matrimonial matters, and in view of this we wondered whether the time was apt for the consolidation. It appears that these amendments will now carry through into the 1984 Act the changes made in that jurisdiction, and we will therefore have a fairly tidy situation for the practitioners which some of us thought did not exist before.

The Lord Chancellor

My Lords. I am grateful to the noble Lord. What we try to do in my office is to tidy up the legislation as we go along, so that the practitioners will be able to have an up-to-date text with which to deal, which will save time, trouble and possibly even a little money.

On Question, Motion agreed to.